Asheville Mall, Inc. v. Sam Wyche Sports World, Inc.

GREENE, Jpdge.

The plaintiff sought an injunction restraining defendant from further violation of the terms of a lease. The trial court granted defendant’s motion for summary judgment.

The trial court’s findings of fact, which are not challenged on appeal, are as follows:

1. On April 1, 1987 Plaintiff and Defendant entered into an Indenture of Lease whereby Plaintiff leased to Defendant a certain store located in the Asheville Mall Shopping Center in Asheville, North Carolina (hereinafter “the Mall”).

2. By the terms of the lease Defendant is to remain open for business during all such days…